Terms of service

Terms of Service

Effective Date: Feb 1st, 2025

Welcome to sebastianhurn.com (the “Site”), operated by Hurn X, LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the Site and any associated services, features, content, or applications offered at any time.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.

1. Acceptance of Terms

1.1 Binding Agreement: These Terms constitute a legally binding agreement between you and Hurn X, LLC. By accessing or using any part of the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. 1.2 Modifications: We may update or modify these Terms at any time. Any changes will be effective upon posting of the revised Terms on the Site, with an updated Effective Date. Your continued use of the Site after any modifications indicates your acceptance of the updated Terms.

2. Eligibility

2.1 Age Requirement: You must be at least 18 years old (or the age of majority in your jurisdiction) to use this Site or make purchases. 2.2 Legal Capacity: By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms.

3. Account Registration

3.1 Account Creation: Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information and to keep this information up to date. 3.2 Account Security: You are responsible for safeguarding your account credentials (username and password). You agree not to disclose your password to any third party and to notify us immediately if you suspect any unauthorized use of your account.

4. Product Descriptions and Pricing

4.1 Print Descriptions: We strive to display our prints and products (the “Products”) as accurately as possible. However, variations in color and appearance can occur due to photographic conditions, device displays, and lighting.
4.2 Pricing: All prices are listed in U.S. Dollars (USD) unless otherwise specified. Prices do not include taxes or shipping costs, which will be calculated and added at checkout, if applicable.
4.3 Errors: In the event of a pricing or typographical error, we reserve the right to cancel or refuse any orders placed for an item listed with the incorrect price.

5. Orders and Payment

5.1 Order Placement: By placing an order through the Site, you represent and warrant that you have the legal right to use the payment method provided.
5.2 Payment Processing: We may use third-party payment processors to facilitate transactions. By submitting your payment information, you grant us the right to provide your payment information to these third parties in accordance with our [Privacy Policy].
5.3 Order Confirmation: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason at any time.

6. Shipping and Delivery

6.1 Shipping Times: We make reasonable efforts to ship orders within the estimated time frames stated on the Site. However, these are estimates only, and actual delivery times may vary due to factors beyond our control.
6.2 Risk of Loss: All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

7. No Returns or Exchanges

7.1 Final Sale: All items on the Site are final sale. We do not offer returns, exchanges, or refunds for any reason, including dissatisfaction or change of preference.
7.2 Damaged or Defective Items: If you receive an item that is damaged in transit or has a manufacturing defect, please contact us within 5 days of receipt. We will review and may offer a replacement at our sole discretion.

8. Intellectual Property

8.1 Ownership: All content on the Site, including but not limited to text, graphics, logos, images, digital downloads, and software, is the property of Hurn X, LLC or its content suppliers and is protected by U.S. and international copyright laws.
8.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only.
8.3 Prohibited Use: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on the Site without our prior written permission, except as permitted by law.

9. User Conduct

9.1 Compliance: You agree to use the Site only for lawful purposes and in accordance with these Terms.
9.2 Prohibited Activities: You agree not to:

  • Use the Site in any way that violates applicable federal, state, local, or international law or regulation.
  • Post or transmit any material that is fraudulent, harassing, obscene, or otherwise objectionable.
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt the Site or servers or networks connected to the Site.

10. Links to Third-Party Websites

The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of these third-party websites. You acknowledge and agree that we are not responsible for any damages or losses caused by your use of any third-party websites or services.

11. Disclaimers

11.1 AS IS/AS AVAILABLE: The Site and all content, products, and services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied.
11.2 NO WARRANTY: We do not warrant that the Site will be error-free, secure, or operate without interruption, or that any defects will be corrected.
11.3 PRODUCT ACCURACY: While we endeavor to present accurate information, we do not warrant the accuracy, completeness, or reliability of product descriptions, images, or other information on the Site.

12. Limitation of Liability

To the fullest extent permitted by law, Hurn X, LLC, its affiliates, or their respective directors, officers, employees, agents, contractors, or suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to lost profits, goodwill, or data, arising out of or in connection with your use of the Site or any content provided on or through the Site, even if advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hurn X, LLC , its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site in violation of applicable law or regulation.

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
14.2 Venue: Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Texas. You and Hurn X, LLC consent to personal jurisdiction in these courts.

15. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

16. Entire Agreement

These Terms, together with our [Privacy Policy] and any other legal notices published on the Site, constitute the entire agreement between you and Hurn X, LLC regarding your use of the Site and supersede all prior and contemporaneous agreements, understandings, or representations.

17. Waiver

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Contact Information

If you have any questions regarding these Terms or need further information, please contact us at:

  • Email: Info@sebastianhurn.com